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Standard Essential Patents(SEPs) - Coggle Diagram
Standard Essential Patents(SEPs)
potential crisis
the regulatory oversight of SEPs has largely been left to the judiciary, resulting in both lethargy and activism with significant implications
issues
Importance of SEPs
the dominance of private technology companies in setting these standards leaves countries like India with little influence
Patent Holdup Problem
Owners of SEPs can demand high royalties leading to
anti-competitive practices
hindering market competition
Judicial Response
the Indian judiciary’s handling of SEP-related issues has been characterized by delays and activism
SEPs cover technologies adopted as industry standards, ensuring interoperability in sectors like
telecom
Significance
Impact on Domestic Manufacturing
Unregulated SEPs can stifle domestic manufacturing growth by imposing unfair licensing terms and hindering competition
affecting India’s efforts to attract investment and boost manufacturing under initiatives like the production-linked incentives scheme
Need for Regulatory Intervention
need for regulatory measures to address SEP-related
challenges, similar to those implemented by the European Parliament, to
ensure fair competition
protect consumer interests
support domestic industries
International Obligations
India, compelled by international agreements to enforce patents of foreign technology companies, must balance regulatory intervention with its obligations while safeguarding its domestic interests
Solutions
Regulatory Framework
The Indian government should intervene to regulate SEPs
Judicial Reform
Efforts should be made to streamline judicial processes and reduce delays in resolving SEP
Stakeholder Consultation
The government should engage with industry stakeholders, legal experts, and international bodies to develop a comprehensive regulatory framework